Article 18

An Arbitration Committee is hereby established for the purposes provided for in this  Section. The Council shall appoint the members and lay down the Rules of  Procedure of this Committee, acting on a proposal from the Court of Justice.

An appeal, having suspensory effect, may be brought by the parties before the Court  of Justice against a decision of the Arbitration Committee within one month of  notification thereof. The Court of Justice shall confine its examination to the formal  validity of the decision and to the interpretation of the provisions of this Treaty by  the Arbitration Committee.

The final decisions of the Arbitration Committee shall have the force of res judicata  between the parties concerned. They shall be enforceable as provided in Article  164.

Article 19

Where, failing amicable agreement, the Commission intends to secure the granting of  licences in one of the cases provided for in Article 17, it shall give notice of its  intention to the proprietor of the patent, provisionally protected patent right, utility  model or patent application, and shall specify in such notice the name of the  applicant for and the scope of the licence.

Article 20

The proprietor may, within one month of receipt of the notice referred to in Article  19, propose to the Commission and, where appropriate, to the applicant that they  conclude a special agreement to refer the matter to the Arbitration Committee.

Should the Commission or the applicant refuse to enter into such an agreement, the  Commission shall not require the Member State or its appropriate authorities to grant  the licence or cause it to be granted.

If, when the matter is referred to it under a special agreement, the Arbitration  Committee finds that the request from the Commission complies with the provisions  of Article 17, it shall give a reasoned decision containing a grant of the licence to the  applicant and laying down the terms of the licence and the remuneration therefor, to  the extent that the parties have not reached agreement on these points.

Article 21

If the proprietor does not propose that the matter be referred to the Arbitration  Committee, the Commission may call upon the Member State concerned or its  appropriate authorities to grant the licence or cause it to be granted.

If, having heard the proprietor's case, the Member State, or its appropriate  authorities, considers that the conditions of Article 17 have not been complied with,  it shall notify the Commission of its refusal to grant the licence or to cause it to be  granted.

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